Prosecutor accuses court of violating his powers as state appeals judge's orders in Sibanyani case

• The National Prosecuting Authority (NPA) which is appealing against the orders given by the magistrate in the Sibayoni case
• The state prosecutor, advocate Makhuseli Ntaba, explained in detail why he was unhappy with the court's decision in the case
• South Africans welcome the state's decision, sharing mixed reactions to the drama unfolding in the case against the taxi owner

Byron Pillay, A news in brief Journalist, has dedicated a decade to reporting on the South African political scene, crime and social issues. He worked as a newspaper journalist for 10 years before transitioning to online.

mpumalanga – The state has accused the Kwagafontein Magistrate's Court of turning lawyer Makhuseli Ntaba into an accused person in a criminal case, even though he was not officially charged.

This statement was made in the National Prosecuting Authority (NPA) appeal against Orders given against Advocate Nataba. The lawyer was the state prosecutor in this case Joe SibanyaniBafana Sindane, Mvimbi Masilela, and Philemon Msiza.

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The quartet were accused of extorting more than Rs 2 million from a local businessman over three years, but the case was dismissed after they failed to appear before the prosecutor. court For bail application on 18 May 2026.

Chief Magistrate Tule-Tu Tonzeni issued a warrant of arrest against Ntaba and found him guilty of contempt of court, a charge the NPA is now appealing. NPA also expressed concern About the way the magistrate handled the case.

Give reasons why this is an attractive decision

In appeal, Ntaba argued that the court had violated his constitutional right to a fair trial under Section 35 of the Constitution. They also argued that the court violated their rights to dignity, equality, privacy and freedom from physical harm.

The state further claimed that the contempt order was improperly granted by the court and that it wrongly transformed him into an accused person in a criminal case, even though he was not officially charged or brought before the court as an accused. Sibanyonyi's legal team intends to oppose the appeal.

South Africans react to the news

Social media users lauded the state's decision and shared mixed reactions to it.

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@NamedInstigator asked:

“What right do they have to oppose the appeal? Moreover, why is the State creating a side show instead of focusing on re-arresting the accused persons? They are trying to look busy.”

@punk_double suggested:

“He should also write to the JSC and complain about the magistrate. Ace Magashule's case has never been dropped to date. What made Sibanyonyi so special?”

@nkosanangwenya said:

“A good move. It had to be done, especially if the allegations that she felt threatened were true. The senseless conviction and arrest warrant should be suspended.”

@Mricho82 agreed:

“It is a good decision by the magistrate to challenge the meaningless sentence.”

@LindoDingiswayo asked:

“Why is Sibanyonyi's legal team opposing this appeal? Because it is between the magistrate/court and the NPA?”

@Nkosi_Shebi said:

“That judge should be treated accordingly.”

@PMac_thepimp Agreed:

“That magistrate should be investigated.”

Lawyer Shawn Abraham unhappy with Sibanyoni's arrest

In a related article, Advocate Shawn Abraham lost weight On the handling of Joe Sibanyani's case by the National Prosecuting Authority.

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Joe Sibanyani and Bafana Sindane party after case ends, South Africans not impressed

news in brief Noted that Abrahams is a former National Director of Public Prosecutions (NDPP) and is now representing Mpumalanga taxi Owner.

South Africans took to social media to criticize Abrahams' comments about the case and the organization she previously led.

Source: News in Brief